ConsensusDocs v. AIA: a useful chart (Tue Tip)

one large and one small strawberry

Which strawberry (er, form contract) will YOU choose?

In advance of the ConsensusDocs training, thought you might like to see a handy comparison chart  of the common ConsensusDocs forms to their standard AIA counterparts.

The chart is produced by the folks at ConsensusDocs, so I’m sure any ambiguities were interpreted in their favor.  That being said, if you are considering using a different standard form contract for your next project, you might want to check it out!

Have you taken the plunge into the ConsensusDocs?  Prefer to stick by the tried and true AIA documents?  Are you an EJCDC maverick instead?  Drop me a line to tell me why you use the contract you do.

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Photo (c) This is Chris via Creative Commons License.

Are there Enough Incentives for Green Building? (guest post)

For today’s Tuesday Tip we have a guest post by Drake MacDonald. 

According to Drake, his brief experience in construction introduced him to the profession’s many shortcomings, and as an editor and writer for ConstructionManagement.net, he works to promote construction management education in the hopes of raising industry standards of organization, communication, and sustainability.

Today, many construction projects are aimed toward going green. Not only does green construction benefit the environment, it also helps people save money on energy bills. To someone who doesn’t know anything about construction management, green construction may seem daunting. Many associate going green with spending more money on construction. However that isn’t always the case. [Editor’s note: As previously discussed, sometimes costs are too high.]  Some government incentives actually help people save money on green construction projects. Yet, oftentimes these incentives don’t go far enough. Here is a look at some of the incentives owners get for green buildings and what the government can do to improve them.

The biggest government incentives for going green are the tax breaks, which apply to both individuals and corporations. Individuals can enjoy a number of tax credits for going green. For instance, the Residential Energy Efficiency Tax Credit provides people with a tax credit for making everything from their windows to furnaces more energy efficient. The Residential Renewable Energy Tax Credit goes even further, by offering an even larger tax break to homeowners who build or remodel their homes to take advantage of solar or wind energy. Likewise, businesses can receive tax credits for showing a commitment to renewable energy as well as investing in new energy.

Beyond tax breaks, there are rebates, exemptions, grants and loans geared toward helping people with green construction projects. There are rewards for energy performance as well. There are also state incentives, including rebates for using renewable energy, which allow homeowners to further capitalize on building a green home.

Essentially, almost any green improvement an owner makes to his building will allow him to take advantage of at least one of these incentives. These grants and loans can help curb the financial stress that comes with a green construction project. Additionally, energy incentives save the owner money over the long-term, and that should be factored in to cost considerations.

keep my money GREEN sign

While the government does an exceptional job of providing people with plenty of incentives to go green, it can do more to promote them. Many owners are not even aware that these incentives exist. In order to better advertise these incentives, the government should set up a universal Web site where those interested in green building can discover all available incentives for which they qualify. The government should also consider sending out mailings, as well as television advertising to promote its green building incentives.

The government should also focus on gearing more incentives to individuals. While several incentives for homeowners do exist, the majority of green building incentives are designed to benefit corporations. Furthermore, the government should remove all expiration dates on existing incentives. Many incentives have already expired or will expire in the coming months. Owners should be rewarded no matter when they make green improvements, and the elimination of incentives is likely to only deter green building from continuing.

Clearly the government has started a great incentive program for going green; however, it needs to continue, through both advertising and through making green incentives permanent.  If the government is truly dedicated to promoting green building, it needs to make an effort to grow the program instead of phasing out incentives.

Melissa again:  Do you agree or disagree with Drake?  Drop Drake and me a line in the comment section below.

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Photo by smiteme via Creative Commons license.

Micropiles for bad soil: a Tar Heel victory

Kenan constructionDespite foundation challenges, construction is almost complete on the expansion at University of North Carolina’s Kenan stadium.  The project started with a deep foundation system from design-build contractor GeoStructures.  Known as the Carolina Student-Athlete Center for Excellence, the addition was built on a parcel with a knotty mix of fill soils, subsurface boulders and varying depths to rock.   To achieve uniform foundation support, GeoStructures designed a Micropile system (also known as a Mini pile system) which could be drilled into the variable ground conditions.

After an pre-production load testing program that provided an optimized design, GeoStructures proceeded with installation of 265 micropiles ranging in capacity from 80 tons (160 kips) to 175 tons (350 kips) each. Although most were designed for compression loading only, designs in some areas called for tension resistance due to lateral loading. All of the micropiles were cased to rock with internal reinforcement and socketed into hard bedrock present at the site.

For a video peek into the various construction phases, check out UNC’s  “Hard Hat Hits”.

Do you have experience wiht micropile systems?  Foundation or soil tales of woe?  Just love the Tarheels?  Drop me a note in the comments section, below.

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Photo (c) GeoStructures 

 

ConsensusDocs: Training on the new forms (Tue Tip)

ConsensusDOCS logo

As previously discussed on this blog, one of the form contract sets available for construction projects is that of ConsensusDocs.  ConsensusDocs was created in 2007, based on the (now discontinued) Associated General Contractors of America forms.

The newest ConsensusDocs forms have been released–three years early.   As explained by Chris Hill on his Construction Law Musings  blog, the early release is due to the many changes in the construction industry since the release of the first documents in 2007.

Now there is a free webinar that will discuss the changes to the revised ConsensusDocs forms, including topics such as:

The webinar will take place:

Thursday, March 31st from 3:00 PM- 4:30 PM ET

Questions about ConsensusDOCS or other form contract documents?  Drop me a line in the comment section, below.

 

Update/Correction to Lien Law post

opps sign After my last post, I received a call from Doug Jeremiah, who is the Chair of the Design Professionals Liason Committee (of which I am a member).  According to Doug, the concerns I expressed for designers have been, if not eliminated, then significantly reduced by the current version of the draft lien law bill.

Designers, like any other party on the construction contract, can now file their own, separate Notice of Commencement, which would then (in all likelihood) pre-date other Notices of Commencement on the Project.  To file a Notice of Commencement under the proposed bill, the Designer first must ask the Owner to file a Notice of Commencement.  If the Owner does not do so, the Designer is free to file his own Notice of Commencement (See section 44A-9.1 (3)(c)).  This is the same procedure used by Contractors to file a Notice of Commencement.

Practice Tip (should the bill pass):

How the Owner will view the request for an early Notice of Commencement may still be an issue.  If the bill passes, a good, proactive discussion with the Owner should help prevent creating animosity.  Better yet, you might consider a Company Policy of always having a Notice of Commencement filed on every project.  That way, you can simply blame the “company policy” rather than implying, or having the Owner infer, that you don’t trust their financial viability.

Thanks, Doug, for setting me straight.  Opinions or thoughts about the proposed lien law revisions?  Drop me a line in the comments, below.

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Photo credit: Streetfly JZ via Creative Commons License.